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Teen who got 13-year-old cousin pregnant gets nine months jail

A 19-year-old man's sexual relationship with a younger cousin resulted in the 13-year-old girl becoming pregnant, a judge heard Monday.

Ontario Court Justice Andrew Buttazzoni also was told that the girl wanted to have intercourse with the teen and considered him her boyfriend.

The teen pleaded guilty to three offences stemming from the relationship.

He was found guilty of sexual assault and the two other charges (sexual interference and invitation to sexual touching) were stayed.

A publication ban prohibits reporting any information that may identify the victim.

When police spoke to the teen he admitted to having intercourse with the girl approximately 47 times between October and November, prosecutor Nancy Komsa said.

"This is a rather sad and strange situation that arose here,'' defence counsel Eric Mc-Cooeye said. "There was no coercion, no alcohol or drugs.''

McCooeye described his client, who was 18 turning 19 at the time and suffers from mental health issues, as "immature for his chronological age.''

"He knows his conduct was wrong and he can't resume a relationship of any kind with her.''

McCooeye argued that a six-month sentence was appropriate and with two-for-one credit for the 93 days the teen has spent in custody on the charges, "he has served that much already.''

"He is not an evil person. He does not prey, that's not what happened here.''

Citing the need for denunciation for those who commit sexual offences on children, Komsa called for a nine-to-12 month jail term, plus three years probation.

"The victim is a child,'' the assistant Crown attorney said, adding the girl should be planning for her elementary school graduation in June, not having a baby. "She's a child having a child.''

When he imposed sentence, Buttazzoni listed a number of aggravating factors, including the victim's age and repeated nature of the conduct.

"There is clearly a difference between a 19-year-old and a 13-year-old. That's why people under 14 are given the protection they are given by the law.''

Sexual assault of a child is a crime that is abhorrent to Canadian society, he said, indicating this had to be balanced by the teen's guilty pleas which had spared the victim from testifying in court. "It appears there was a genuine relationship, but the message has to go out, in sentencing in cases of this kind, that sexual intercourse with a 13-year-old by an adult will be dealt with seriously by the court.''

Buttazzoni said that but for the mitigating factors he would have considered a 12-month sentence for the first-time offender.

But he decided nine months, less the dead time (the equivalent of six months) was appropriate, leaving the teen with a further three months to serve.

The teen also will be on probation for three years -- the maximum under the Criminal Code -- with conditions that include no contact with the victim.